Thailand: Charges against Ms. Pornpen, Mr. Somchai and Ms. Anchana for publishing a report on torture

The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, requests your urgent intervention in the following situation in Thailand.

Description of the situation:

The Observatory has been informed by reliable sources of charges brought against Ms. Pornpen Khongkachonkiet, Chair of Amnesty International Thailand and Director of Cross Cultural Foundation (CrCF) [1], Mr. Somchai Homlaor, a prominent lawyer and senior legal advisorto CrCF, and Ms. Anchana Heemmina, founder and Director of the organization Duay Jai Group(Hearty Support Group) [2], who co-edited the report “ Torture and Ill-treatment in the Deep South Documented in 2014-2015 ”, published by CrCF, Duay Jai Group, and Patani Human Rights Organization Network (HAP) on February 10, 2016 [3].

According to the information received, on July 26, 2016, officers from the Pattani Police Station charged Ms. Pornpen, Ms. Anchana, and Mr. Somchai with “criminal defamation” under Articles 326 [4] and 328 [5] of the Criminal Code and “computer-related crimes” under Article 14.1 [6] of the 2007 Computer Crimes Act for allegedly publishing and uploading false information to the Internet in connection with the aforementioned report. The three human rights defenders denied all charges and police allowed them to submit a written statement in their defence within 60 days, while undertaking further investigation on the case. If convicted, they could face up to five years in prison and a fine of 200,000 baht (approximately 5,125 euros).

On June 26, 2016, the three human rights defenders were summoned by police at the Pattani Police Station following a complaint filed against them on June 8 by the Thai Army’s Internal Security Operations Command Region 4 (ISOC 4) [7]. However, the police interrogation was postponed until July 26, 2016 [8].

The Observatory strongly condemns the ongoing judicial harassment of Ms. Pornpen, Ms. Anchana, and Mr. Somchai, which only aims at sanctioning their legitimate human rights activities, particularly their documentation and advocacy work on the issue of torture. The Observatory calls upon the Thai authorities to immediately drop all charges against them.

Until all charges are dropped, the Observatory also urges the Thai authorities to ensure that all judicial proceedings against them are carried out in full compliance with their right to a fair trial, as provided for under international law.

Background information:

Before publishing the report, the three human right defenders tried to engage with the authorities and raise their awareness regarding the alleged cases of torture and ill-treatment documented in the report. They sent the report to Lt. Gen. Wiwat Pathompak, Commander of the 4th Army Region, on January 8, 2016. However, the high-ranking military officers publicly denied the accuracy of the report and questioned the reliability of the civil society organisations that produced it.

In addition, after the release of the report, seven ISOC officers summoned Ms. Anchana to appear for questioning in relation to its publication at the Sirinthon Army Camp in Yala Province, for two and half hours. The officers conveyed their discontent with the report and requested that in the future she submit all of her publications to ISOC before they are released, which Ms. Anchana refused.

On February 19, 2016, at about 5pm, a group of 10 uniformed men visited Ms. Anchana’s home, finding there only her mother. They claimed to be border police officers, and without presenting a warrant questioned Ms. Anchana’s mother about her daughter and reportedly took pictures of her and the house.

In September 2014, Ms. Pornpen was charged with “criminal defamation” by Army Task Force 41 in connection with her documentation and advocacy work concerning allegations of Army torture in Thailand’s ‘Deep South’. The case was eventually dropped in June 2015 following the decision of the State Prosecutor.

Actions requested:

Please write to the authorities of Thailand asking them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Pornpen Khongkachonkiet, Ms. Anchana Heemmina, and Mr. Somchai Homlaoras well as of all human rights defenders in Thailand;

ii. Immediately drop all charges against Ms. Pornpen, Ms. Anchana, and Mr. Somchaiand put an end to all acts of judicial harassment against them and all human rights defenders in Thailand;

iii. Put an end to all acts of torture and ill treatment in the country, properly investigate them, and prosecute perpetrators, in compliance with Thailand’s international human rights commitments.

iv. Put an end to the prosecution of civilians in military courts in accordance with international human rights law that prohibits governments from using military courts to try civilians when civilian courts are functioning;

v. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Articles 1 and 12.2;

vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Thailand.

Please also write to the diplomatic mission or embassy of Thailand in your respective country.

Footnotes

[1] Cross Cultural Foundation (CrCF) is an organization that monitors and documents cases of torture and ill-treatment in Thailand.

[2] Duay Jai Group is an organization that provides rehabilitation services for victims of torture and support for their families.

[3] The report concerns 54 allegations of torture and ill-treatment committed by the Royal Thai police and Royal Thai army against members of the Muslim Malay minority arrested for their alleged involvement with insurgent groups in the conflictive southern region of the country, between 2014 and 2015.

[4] Article 326 of the Criminal Code states: “Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned, is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand baht, or both.”

[5] Article 328 of the Criminal Code states: “If the offence of defamation be committed by means of publication of a document, drawing, painting, cinematography film, picture or letters made visible by any means, gramophone record or an other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means, the offender shall be punished with imprisonment not exceeding two years and fined not exceeding two hundred thousand baht.”

[6] Article 14.1 of the Computer Crimes Act states:“Whoever commits the following offences, shall be punished with imprisonment not exceeding five years or a fine not exceeding on hundred thousand baht or both: (1) input, into computer system, forged computer data in whole or in part or false computer data in a manner likely to cause injury to another person or the public.”

[7] Internal Security Operations Command (ISOC) is a unit of the Thai military devoted to national security. ISOC 4 is responsible for security operations in the southern provinces.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, an OMCT and FIDH partnership, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.